(70 ILCS 5/17.2)(from Ch. 15 1/2, par. 68.17b)Sec. 17.2. Whenever a township disconnects from a Metropolitan Airport
Authority as provided in Section 17.1, such township and the municipalities
within such township shall be paid upon such terms as may be agreed upon
by their corporate authorities and the board of commissioners of the
Metropolitan Airport Authority, but in no event shall any such township or
municipality be paid in excess of its investment or for any funds advanced
to such Metropolitan Airport Authority or any pre-existing airport
authority it has acquired, or otherwise paid or expended, either directly
or indirectly, by the State or federal governments for the acquisition of
the land used for any such existing airport improvement or facility or for
any bonded indebtedness owed by the Metropolitan Airport Authority or the
pre-existing airport authority. The terms of payment shall provide for
payment in full within not more than 20 years from the date of such agreement.In case the amount and terms of payment are not so determined by
agreement, the board of commissioners of the Authority shall cause a
description of such airport and such existing improvements and facilities
to be made, together with an estimate of the previous actual expenditures of
the pre-existing authority therefor, less any existing bonded indebtedness
of the pre-existing authority, and shall tender payment of the total amount
so estimated in writing to such township and municipalities in the
proportions specified below. Such tender shall provide for payment by the
Authority of the amount tendered within 5 years from the date thereof, and
any part of the sum remaining unpaid after 12 months from that date shall
bear interest at a rate not to exceed the maximum rate authorized by the
Bond Authorization Act, as amended at the time of the making of the contract.In case such tender is not accepted in writing by the corporate
authorities of such township and municipalities within 30 days after it is
made, the Authority by its board of commissioners shall file a petition in
the circuit court of the county in which the airport facilities of the
Authority are located, naming such township and municipalities respondents
thereto, setting forth a description of such airport, airport improvements
and facilities, the estimated amount of such previous expenditures by the
pre-existing authority, the amount of bonded indebtedness owed by the
pre-existing authority, the fact of such tender having been made and the date
thereof, and praying that there be determined by the circuit court the true
amount of such prior expenditures by the pre-existing authority. A copy
of the petition shall be served upon the presiding officer of the township
and each municipality within 5 days after the filing of such petition, and upon
presentation to the court of proof of such service, the petition shall be
set for hearing within not less than 10 nor more than 20 days. Such
hearing may be continued from time to time upon the request of the
petitioner or the respondents, and at the hearing thereon, the presiding judge
of the circuit court shall consider such evidence as may be submitted by
the parties and shall determine the amount of such actual previous
expenditures made and the actual amount of bonded indebtedness owed, and
shall determine the amount to be paid to
the township and to each included municipality. The amount so determined
shall be conclusive as between the parties, and shall be paid by the
Metropolitan Airport Authority within 5 years after the entry of the order
making such determination, and any part of the sum remaining unpaid after
12 months from the entry of the order shall bear interest at
a rate not to exceed the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract. When paid,
the sum shall be accepted by the township or municipality as full payment
for such airport and existing improvements and facilities.The moneys payable by the Metropolitan Airport Authority under
this
Section shall be apportioned between the township and its included
municipalities on the basis of population as determined by the most recent
federal decennial census. The portion of each included municipality shall
be computed on the basis of the ratio of the population of the municipality
to the total population of the township. The township's portion shall be
computed on the basis of the ratio of the population of the unincorporated
areas of the township to the total population of the township.The moneys apportioned to any township shall be used
exclusively for the
purposes stated in Sections 6-701.1 through 6-701.9 of the Illinois Highway
Code, and the moneys apportioned to any municipality shall be
used
exclusively for the purposes stated in Sections 7-202.1 through 7-202.22 of
the Illinois Highway Code.With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of power to issue instruments in accordance with the Omnibus Bond
Acts, regardless of any provision of this Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the provisions of
this Section are not a limitation on the supplementary authority granted by
the Omnibus Bond Acts, and (iii) that instruments issued under this Section
within the supplementary authority granted by the Omnibus Bond Acts are not
invalid because of any provision of this Act that may appear to be or to
have been more restrictive than those Acts.(Source: P.A. 92-341, eff. 8-10-01.)